The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Consent tow
means any tow of a motor vehicle in which the tow truck is
summoned by the owner or operator of the vehicle or by a person who
has possession, custody, or control of the vehicle. The term "consent
tow" does not include an incident management tow or a private property
tow.
Incident management tow
means any tow of a vehicle in which the tow truck is summoned
to the scene of a traffic accident or to an incident, including the
removal of a vehicle, commercial cargo, and commercial debris from
an accident or incident scene.
Motor vehicle
means and includes commercial motor vehicles and means every
vehicle which is self-propelled as those terms are defined in V.T.C.A.,
Transportation Code §§ 644.001 and 548.001.
Nonconsent tow
means any tow of a motor vehicle that is not a consent tow,
including an incident management tow and a private property tow.
Owner
means any person who holds the legal title to a motor vehicle
or who has the legal right of possession thereof.
Primary place of business
address-building-space Minimum lot size of 50 feet by 100
feet with building and parking within the city limits with water district
connection and electricity.)
Private property tow
means any tow of a vehicle authorized by a parking facility
owner without the consent of the owner or operator of the vehicle.
Private storage lot
means a storage facility which accepts a motor vehicle which
has been towed pursuant to this article.
Tow truck
means a motor vehicle, including a tow truck, equipped with
a mechanical device used to tow, winch, or otherwise move another
motor vehicle or removing disabled or wrecked vehicles. The term "tow
truck" does not include:
(1)
A motor vehicle owned and operated by a governmental entity,
including a public school district;
(2)
A motor vehicle towing:
b.
A motor vehicle for exhibition; or
c.
An antique motor vehicle;
(3)
A recreational vehicle towing another vehicle;
(4)
A motor vehicle used in combination with a tow bar, tow dolly,
or other mechanical device if the vehicle is not operated in the furtherance
of a commercial enterprise;
(5)
A motor vehicle that is controlled or operated by a farmer or
rancher and used for towing a farm vehicle;
(6)
A motor vehicle that:
a.
Is owned or operated by an entity the primary business of which
is the rental of motor vehicles; and
b.
Only tows vehicles rented by the entity;
(7)
A truck-trailer combination that is owned or operated by a dealer
licensed under V.T.C.A., Occupations Code § 2301.001 et
seq. and used to transport new vehicles during the normal course of
a documented transaction in which the dealer is a party and ownership
or the right of possession of the transported vehicle is conveyed
or transferred; or
(8)
A car hauler that is used solely to transport, other than in
a consent or non-consent tow, motor vehicles as cargo in the course
of a prearranged shipping transaction or for use in mining, drilling,
or construction operations.
Towing company ortowing business
means an individual, association, corporation, or other legal
entity that controls, operates, or directs the operation of one or
more tow trucks over a public roadway in this state.
Vehicle
means every device in or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
only by human power or used exclusively upon stationary rail or tracks,
and shall include trailers and semi-trailers.